Court orders HUD to repay legal fees to Middletown counsel

Thursday

Feb 27, 2014 at 2:00 AM

MIDDLETOWN — A federal appeals court has ordered the U.S. Department of Housing and Urban Development to authorize repayment of legal fees that Middletown Corporation Counsel Richard Guertin incurred while successfully defending himself against a 2004 criminal case in Orange County Court.

Heather Yakin

MIDDLETOWN — A federal appeals court has ordered the U.S. Department of Housing and Urban Development to authorize repayment of legal fees that Middletown Corporation Counsel Richard Guertin incurred while successfully defending himself against a 2004 criminal case in Orange County Court.

The case, in which Guertin, Mayor Joe DeStefano and then-Community Development Director Neal Novesky were all eventually exonerated, involved alleged misuse of Community Development Block Grant funds. HUD reimbursed Novesky's legal fees because he had acted in good faith and in keeping with his job.

HUD denied Guertin's reimbursement request.

On Wednesday, the U.S. Court of Appeals for the Second Circuit ordered HUD to authorize payment of Guertin's $65,967.76 in defense fees from Middletown CDBG funds.

The court ruled that Guertin had fulfilled his role as corporation counsel, and all of the transactions in question were properly considered and granted.

"I'm pleased with the court's decision," said Robert Isseks, Guertin's lawyer. "Richard should never have been put through this ordeal, and I'm happy that it's finally come to this right and just conclusion."